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Date of Meeting: Monday, March 5, 2012
Location: Town Hall, 221 Main Street
Time: 6:30 PM – 9:55 PM
Members Present: Chairman Kenneth Sydow, Members Roger Deal and James Wood
Others Present: Stephen Madaus, Town Counsel (arrived at 7:00 PM); Lori Esposito, Interim Town Administrator; Rose Bardsley, Clerk; others as noted on attached sign-in sheet
Ken Sydow called the meeting to order at 6:30 PM.
Charter Communications Cable TV Contract: Ken Sydow said the contract has been reviewed by the Cable Committee, as well as legal. Steve Madaus has reviewed and approved it. Contract was signed by the Selectmen.
Temporary Sign Permit: A request has been made by the Boylston Elementary School to erect a temporary sign at Routes 70 and 140 for a fundraiser.
Motion was made by Roger Deal to approve the request; motion was seconded by Jim Wood and voted all in favor.
Report of the Interim Town Administrator:
- Expense Report and Reimbursement Policy -- At the last meeting a few changes were recommended and the TA has implemented them and finalized the policy.
- Ken Sydow said we should also put in “submitted on a monthly basis.” However, sometimes expenses go longer than a month. Lori suggested it could even be made quarterly. Ken said he wants to make sure that if someone submits something after a month’s time it gets attention. The Treasurer is aware it comes to the Selectmen first for approval. Roger said the Treasurer should be informed. Lori said it falls under the Town Accountant, who should be informed that she is not to issue checks if she is not satisfied everything is correct. Lori said she has prepared a memo regarding approvals.
- Ken said it really doesn’t change anything from three years ago. Roger said all expense reports prepared by department heads should go to the Town Administrator. Apparently, there was some confusion on that. He asked if Lori had the letter and if anything is submitted without documentation. Everyone is informed of the way the report should be submitted. Ken said it is all in the policy. Roger said that on the expense reports he looked over there was no mileage filled out and Ken said mileage should be filled out.
- Parking Lot Paving -- The Board decided to wait until Steve Madaus arrived for discussion of this.
- Free Cash Balance -- The current balance is $304,561. Considering all of the Articles submitted for the Warrant, we cannot fund all of them.
4. Bid Responses for Audit Services -- A request was made for audit proposals for Fiscal years 2011, 2012 and 2013. Three proposals were received:
Tony Roselli, CPA, for $36,000 ($12K/year)
Scanlon & Associates for $37,500 ($12.5K/year)
Sullivan Rogers & Co. for $44,000 ($14, $15K, $15K)
Lori has reviewed them with Town Accountant, Nancy Nykiel, who is recommending using Scanlon & Associates. Town Counsel will work on a contract modified from three years ago. Jim Wood asked if we are obliged to take the low bidder. Lori said we are not. Jim asked why we would not take the low bidder for this. Lori said in this case the low bidder is one we worked with three years ago and there were some problems with them. There was information they did not give us and their level of service was not as good as desired. There was discussion regarding low bidder’s performance in the past and Lori informed the Board that the contract was renewable on a yearly basis.
Motion made by Jim Wood, seconded by Roger Deal and voted all in favor that the Board accept the bid of Scanlon & Associates.
5. Reach the Beach Run – This is a relay race of 200 miles, done in 24 hours, May 18 and 19, beginning at Wachusett and ending at Horseneck Beach. They would like to have permission to come through Boylston via Rte. 140, as they did last year. Approximately 300 runners would come through Town on the 18th between the hours of 1:30 PM and 8:00 PM. The Fire Chief has no objections but Chief Sahagian reminded that certain specific requests the Town made last year were disregarded:
- Instructed not to paint on the roadway; they did.
- Told not to post anything on telephone poles or existing street signs unless approved by the light companies and/or the Town; they did.
- Asked to remove all signage immediately after the event; they did not.
Lori spoke with one of the sponsors, who said he would be glad to write a letter giving assurances to the Town that they would comply with the Town’s wishes. The Board asked the Chief, who was in the audience, for his opinion on granting permission. Tony said he thought it was all right to give it a shot and see if they comply. He would go with one detail officer at the 70/140 intersection. Last year it was from 2:00 to 8:00 PM. Tony said there were no real problems last year and he thinks they want to do the right thing.
Motion was made, seconded and voted all in favor to grant permission for the race subject to the Police and Fire Chiefs’ input.
6. Susan Templeton (filling in for Representative Harold Naughton): Ms. Templeton will attend the March 19 meeting to discuss the budget. She requested the Board update her with their current concerns so that she will be prepared to address them at the March 19 meeting. The figure is down from the original estimate by $110,000. The elementary school is meeting this week. Lori will have numbers from the State later this week.
At 6:55 PM Mr. Phillips spoke to the Board regarding signatures submitted in an effort to insure that the question of legislation requiring proof of U. S. citizenship and legal residence in Massachusetts is on the Warrant as well as a requirement that a person present a picture ID in order to vote. Following some discussion Ken assured Mr. Phillips that he had the full support of the Board that they will be in the Warrant as written. Roger recommended that it be put on Channel 11 so that everyone knows about it. Mr. Phillips said he is sure there is plenty of room for debate on the issue. There are a number of towns that have the questions on the ballot.
7:00 Report of the Chief of Police:
- Accidents in March are up to 12 or 15, due to the storm on Thursday, March 1, and the dusting on Saturday morning. There were five accidents within the first 50 minutes. Saturday night there was a fresh freeze and there were six accidents, as well as a couple during the daytime. There were no serious injuries.
- They conducted 28 building checks.
- The Chief attended hearings in Clinton District Court.
- He met, on February 28, with the union representative for contract negotiations. They are extremely happy. His performance ratings are ongoing.
- An EMT training grant for $7,000 has been submitted for approval. We will go in March, although it is usually in April. This is mandatory. If you don’t do it, your emergency equipment will be yanked. The training will be conducted within a 30 mile drive of Boston.
- There will also be training for dispatchers in handling emergency situations such as a choking child or a sudden child birth. They will flip to a particular situation and be able to tell someone what to do before the EMTs arrive. The grant was prepared and submitted by the head dispatcher.
- A $15,900 grant will be submitted by March 16 to upgrade radios and anything to do with the 911 system. Ken Sydow asked the Chief if he can get the instant recorder for it. The Chief said they are exploring that.
- On Tuesday, March 6, he will have a Chiefs in-service from 10:00 AM to 2:00 PM upstairs at Town Hall.
- They changed phone systems from AT&T to Verizon, saving $2500/year in service fees. They will have no antenna on the roof and no modem in the trunk. This will save money when new cruisers are purchased.
- Forty-four traffic tickets have been issued this month.
The Fire Chief being unable to attend, Lori said there was a question with the Finance Committee as far as what was approved for Joe to incorporate into his budget.
Ken Sydow brought up with Steve Madaus two things in the TA’s report:
- The Charter cable contract. He asked Steve if he had an opportunity to review it and has he signed off on it. Steve said he had – that was in October. Most of the changes we recommended are in the contract. Those that are not are not necessarily all legal issues. The Board signed the Charter contract.
- With regard to the Town Hall parking lot paving, he asked Steve if that can be discussed in Open Session; Steve said it could. Steve said the Town put out to bid paving work for the parking lot at Town Hall. The bid solicitation had an estimated quantity of area to be regraded and paved and unit prices to be applied for valuations. That is a regular way to do it when you don’t know the quantity. The bidders bid on estimated area and quantity. We awarded the bid to Mass Broken Stone for $75,000. Contracts are certified to be sure funds are available. Similarly, change orders as you progress should have certification. After starting the project they realized the site was larger than estimated and, for some reason, proceeded to pave with no change order to confirm that
funds were available. The additional paving was significant, in the amount of $30,000. We received a bill for $100,000, despite the original contract. Steve said for the Town to give it any consideration, you have to produce a change order. They did not produce a change order at that time and that’s where we are. The funds for this larger sum were not appropriated but the work was done.
- Jim Wood confirmed with Steve that no one authorized the work to be done. Jim said that is all we care about – whether someone legally authorized the work. Steve said it is unknown whether Nancy Puff indicated the exact areas to be paved. Roger said he has never seen a situation where a change order was not produced before work was done.
- Steve said the only explanation he has is that some roadway projects, i.e., c. 90 funds, are bid out at a unit price and they will see about the next road before they do it. Roger said this casts a negative light on the other bidders if they suddenly find out this contractor made a mistake.
- Ken said the bids were based on a specific amount of 5900 square yards; that is what everybody bid on. Roger said we are not dealing with a company with which we have never done business. Lori said the other thing was that on September 28 and 29 the area torn up was 7,858 square yards. Because of bad weather, work had to be suspended until October 11. This afforded them eleven days in which to provide a change order.
- Roger said he totally disagrees with the amount they are asking for, it being 40% over the cost of the bid and thinks a face-to-face meeting is called for. The fact is they never gave us the courtesy of a change order. Jim agreed with Roger. Roger said the Town approved $75,000. The Board must explain to the community why the bill is approximately 40% more. Ken said Don Parker measured it. Steve said it still does not mean you are authorized to do this. Ken said both sides are represented by counsel and taking Steve’s direction on the matter is the appropriate way to deal with it. It is hard to believe that the company doing the work would not come out and do their own measuring.
- Ken said the question is: should they have done it without a change order or not? Jim said: no. Steve said the only way we can justify this is if they tell us how they got to this additional $30,000. Ken asked Steve if he had a recommended course of action. Steve feels a good plan is to meet with Don Parker about his estimate and get the full story. Roger suggested Steve talk directly with Don.
- Ken said if Steve determines it is something the Town should be responsible for, he would like to know that and proceed from there. The overage is a full third of the original bid.
7:30 PM Report of the Building Inspector:
- Tony said between February 1 and 29 eleven building/remodeling permits, ten plumbing permits and 13 electrical permits were issued. One permit was for a new house and the rest were for remodeling.
- Tony is trying to resolve a sign issue at the RV center. He felt he should send them to the Zoning Board of Appeals as they are investing $20,000 on that sign and, if he were to okay it and someone complained about it, his decision could be overturned at any time within six years. The procedure would be that the owner would apply for the sign permit; he would deny it and they would then go to the ZBA. Even the Planning Board had a negative view of it but it was not a formal decision. The Board of Selectmen can designate Tony to represent them. If the Board of Selectmen said No to the sign, the next thing is to go before the ZBA. Steve Madaus confirmed the proper appeal process would be to the ZBA. Steve did not think the Board of Selectmen had any zoning authority and Jim said the Board did not.
- Ken said the By-Law 10.0104 does not permit any flashing lights or streaming lights. This sign would not be flashing or streaming but it is capable of doing that. They have raised the issue of making it available to the Town for Amber alerts, etc. Does the Building Inspector approve that or send it to the ZBA where an actual decision can be made.
- Steve said flashing lights and flashing signs are not permitted. Other signs might be grandfathered out or might be in violation. It would not be permissible under the By-laws. It can only go to the ZBA with a prior denial.
- Tony said he has not sent a formal letter to the owner. Steve told Tony he thinks Tony is the designated interpreter of the By-law. It was agreed that Tony would send a formal letter of denial; the owner can then go to the ZBA. Ken said the ZBA could put conditions on the approval.
- Tony said he had a question on the lot itself but he would bring that up at another meeting.
7:40 PM Tower Hill Change of Manager:
- Stephanie Hooper appeared before the Board for the purpose of changing the manager on the license from Mr. Trexler to her. Mr. Trexler is retiring as of March 15. Ms. Hooper has been the manager in charge of everything except the restaurant. She stated that Tower Hill is abiding by the restrictions placed on them but will probably in the future appeal to the Board to have them lifted. Ken told her she passed the CORI and asked Lori if there were any reason to deny the change of manager. Lori said there was not and presented the Form 43 to the Board for their approval.
Roger Deal made a motion, seconded by Jim Wood and voted all in favor, to approve the change of manager at Tower Hill from John Trexler to Stephanie Hooper.
This will now be submitted to the A.B.C.C. for approval.
7:45 PM Patrick Healy re Tree Replacement at Hillside:
- Mr. Healy said trees have been planted as replacement for trees cut down due to the ALB. It is now our duty to keep them watered. Mr. Healy requests a Warrant Article of $3,000 for the purchase of watering bags to be placed around the trees. These hold 20 gallons of water and release the water over a two-day period. This is easier and less time-consuming than trying to take pails of water to the trees. He can purchase 30 for $780 and we have approximately 100 trees to be watered.
- Mr. Healy said in the spring the DCR will plant more trees and we are obligated to water them. Ken asked him what we would do with the bags after they had served their purpose.
- There was discussion regarding watering the trees.
Meeting Minutes:
Motion was made by Roger Deal, seconded by Jim Wood and voted all in favor to approve the minutes of November 11, 14 and 21.
The meeting was adjourned for a ten minute break, to reconvene at 8:00 PM.
8:00 Finance Committee (Herb Cronin, Eric Brose and Steve Dorval appearing):
- Eric said he put in a lot of changes in the Free Cash document. One thing not put in is Joe Flanagan’s request for additional hours for the 6:00 PM to 10:00 PM (6-10) time slot. If he wants four hours at $25 for his EMT, that would be $21K for the year but he did not get a figure from Joe. Ken said we did get a figure from Joe. One with a two percent decrease and one level-funded. The budget submitted did not reflect overtime and Joe would like to add that in.
- Discussion was held concerning the 6-10 time slot; where in the budget to place the Tanker as it is not strictly under the Fire Dept; and funding two EMTs at $1,324. Also discussed was making the full-time employees salaried, which would save money as no overtime would be paid.
- On line 220 Joe has a figure of $2,673 for overtime. He has no figure for 6-10. Ken said the 6-10 is overtime. Eric suggested putting the exact figure of $2,673 in for now and later find the right place for it. Eric said Nancy Puff gave them 2011 expense figures so they could see what was spent on overtime, etc. Lori said Joe did not give the Committee an estimate on overtime hours. How much you would need – 20 hours straight time and 20 at time and a half equals 40 overtime hours per year. Eric said that is $2,673 total for overtime. A total of $5,839.
- Ken said we need $4,200 for garaging the tanker. Eric said he put it in Joe’s budget. He is not sure it should be part of the Town House building simply because we didn’t have room there. For now we will leave it in the Fire Dept. budget. Ken said he thought it would be Town House because that’s an extension of the Fire Dept. and Highway Dept. Jim Wood said he would make it a Fire Dept. expense and change it if necessary. Lori said if it is put under the Town House, you are in danger of over-spending that budget.
- Ken said the only other question is on the 6-10 time slot. He asked Eric if he would put a number on that. Eric said he would not until he first explains where we are.
- Eric said we have $318,323 to spend. We typically split the figure in half so that the Town gets half and the schools get half -- $159K each. At the last meeting there was discussion of the schools getting more. The school would get 57.5%, or $185-$186,000. Ken said the four-year average was 58% to the school and 42% to the Town.
$183,716 School
$134,407 Town
$318,123 Total
- Eric said that now the Town, without Joe’s figures and with some changes, we are at $106,282. The school right now is at an imbalance. Using the most recent figures we are in a $30,605 deficit. If we give the school exactly what they want, maybe we will be about even.
- Eric asked if the final figures had come in for Dispatch? Ken said they were under contract – two percent across the board. Eric said we would need $27K for a two percent increase; he put that in.
- Assessors: very small increases.
- Town Buildings: some minor increases.
- Town Garage: the fuel amount is a little higher. Don increased it in 2011 by $16K. Unknown why the Board did it. Jim asked if Don said he was going to have any money left over from the winter snow account as we had very little snow. Eric said he still had to do some snow-related work. In any event, we can’t reduce that budget so it doesn’t matter.
- Police Dept: requested an increase in fuel and maintenance from $23,000 to $31,000, which is more in line with what was approved in the 2011 budget. Eric said the added cost for fuel seemed reasonable to the Committee.
- Plumbing Inspector: Eric added $500 for Plumbing Inspector expenses. Since the Electrical and Building Inspectors have expenses, it made sense to add it back in.
- Building Inspector: requested an increase of another hour in time for his clerical help, bringing it from $7243 to $9826. He did not go to the Personnel Committee. Lori said she thought the one hour increase in hours was justified. Eric put the increase in hours in.
- Highway Dept: New equipment laborer at $33,280. Don asked for minor increases in uniforms and equipment repair. An increase from $15K to $20K will be kept in for now. Ken asked if we need to make adjustments (additions) to that budget after approval, how do we do it? We are not showing a foreman now and that would be at a rate higher than what is in there. Eric said there is a line item for $3K. For a foreman instead of Superintendent? Ken said in addition to. Eric said he didn’t think they could increase the budget. Lori said that would be if someone were promoted. Ken said he didn’t know if they had to have a special Town Meeting for it. Discussion about whether it needs to go in now; decided to possibly come back to it later.
- Children’s Librarian: add three more hours a week, from 27 to 30. Again, this has to go through Personnel. Eric said his rationale for putting it in is that the Children’s Library is the principal reason we have a library now. He has budgeted $160K, which is more than the $159K now needed to avoid the waiver. He has made minor percentage increases, just to give them the leeway needed.
- Lori brought up the insurance, with the new $75K or $78K savings this year. The insurance is going up 1.94%. In addition, we have more savings by the employees voting to have MIIA and not GIC. We will have additional money with the insurance only going up under two percent and not ten percent, but we can’t account for the number yet.
- Eric: for discussion’s sake, say we have to add in $7K or $10K for Joe for the 6-10 time slot. Ken asked if we could put in $20K as a place holder for one person. We can talk about additional coverage from home rather than having to go to the station.
- Eric said our expenses would be an increase of $126,000 and a savings of $77,000, which means our increase is only $50,000 versus $134,000. We come in still talking about a one percent increase. That will be our free cash.
- Roger: free cash minus $246K.
Free Cash Articles:
- Ken said we could put in a place holder for the septic system. Lori said it is not on the list of $550K. The total of all articles does not include the septic system – probably $50K. We are probably looking at $60K.
- Lori said mosquito control probably should not be on there. The Board of Health article would come off our cherry sheet.
- Ken noted they all have merit but we can’t afford them all. Eric suggested going through the “must-haves.”
- Board of Selectmen: new server and software: $12K
- Highway Dept: replacement of three oil tanks is required by the insurance company: $5.5K
- Highway Dept: replace garage door: $1K
The remainder need to be done but are up for discussion.
- The Town House has a real issue regarding the septic system. This is maintenance of Town-owned buildings. Herb Cronin said, with regard to the septic system, we do not know what is under the ground. Ken agreed, saying the $50K estimate might be light. Eric said to put in $60K.
- Assessors: requesting $8K for a new server, two new computers and software. Herb Cronin said we allotted $10K before and we knocked it down.
- Library: new cesspool: $91K The Library has not bid it – this is an architect’s estimate. Eric said the $91K covers a new handicap entrance for $41K and $50K architect’s estimate for the cesspool. Discussion concerning the request for an additional $76K for fixing the main door and whether it is part of the request for a new handicap entrance.
- Ken said if we pull out the $76K, and the $165K for the sweeper and the dump truck we are still looking at $43K.
- Herb Cronin said this brings free cash down to zero, which we have never done in the past.
- Eric said, if you determine that these are all necessities – a new ramp at the Library is not a necessity, because we have taken it off the list – we need $53K. We do have a capital budget which is for a different purpose. Roger asked how much? Eric said $56K for the DPW garage fund. Eric thought that because it is DPW garage, it could be used for the Town House. Steve said it could be transferred. Lori said it was a little bit each year/ Herb said we ought to look at that $56K, as we could use it.
- Roger asked how much is left for free cash. Eric said if we get the money ($56K) we should be able to present these Articles to the Town, minus the three we have eliminated. If the Town doesn’t vote all Articles, we would have some money left.
- Jim said, if all Articles pass and we grab the $56K, we would have zero free cash at the end of the day. Eric said we would have no money to reduce the tax rate. There would be no money going into stabilization and we would actually be taking it out of our savings account.
- Roger said we have street repairs we haven’t been able to pursue. Don Parker said he needs $221K to repair Green Street. Under c.90 the state will pay for School Street at $500K.
- Eric said we still have $5K in free cash available.
- Ken mentioned the large items: Elementary School roof repair; Library’s new septic and the new septic system for the Town House. Should we do one this year and one next year? Eric said the entrance to the Library does need to be done. Herb said it is close to falling apart. Roger said he thought it would be a lot less than $76K to rebuild the ramp. Eric said the Library has offered to find funding to offset the costs.
- Eric said what we don’t spend in free cash, we will wind up getting back next year. Roger said probably everything asked for is a legitimate request but the problem is timing, with this year’s sizeable tax increase.
- Discussion regarding lack of funds to maintain Town roads; and what requests can be put off this year. Ken suggested possibly splitting the Library’s $91K request and putting off the new ramp this year; put off the new sweeper for the Highway Dept. See if the Assessors can reduce the amount of their request for computers and server. Go back to the School on roof repairs and see what is imperative. Ken said we have some issues on three separate Town buildings.
- Lori mentioned the Assessors’ Overlay. She thinks they can release that and it could be used immediately. She believes the Town has done it before. Eric asked what would be done with that extra money. Would it be added for road projects? Eric said we are still $5K ahead (have $304K; $299K allocated). That is without going into the Capital account and leaving the $56K alone.
- The Board requested that Lori send letters requesting that the Library, the School and the Assessors lower their requests.
- Lori asked if there could be a contingency clause put in the Warrant to the effect that “to the extent these Articles are not passed, the tax rate would be reduced.” Steve Madaus didn’t think it would be legal to do that but he will look into it.
- Ken suggested asking the Library if they want to make a suggestion as to how they want the Article to read. Let them make the decision. Split it or go for all of it? What would have the best chance of going through.
Warrant Review:
Articles 1 through 13 are standard.
Ballot Questions 1 and 2: Steve said there are at least two non-binding ballot questions. One is the petition of ten persons to put voting question on the ballot. If not approved, and no action were taken by the Board, they can get sufficient signatures to put it on the ballot. Despite obtaining signatures, it is still at the Board’s discretion. The other is the voting issue.
Roger motioned it be put on the ballot. Jim seconded the motion and it was voted all in favor.
Draft was misnumbered:
Article 15 becomes 14.
Article 16 becomes 15. It does represent a two percent increase for personnel. Lori forwarded it to the Personnel Board for their approval.
Article 16 is the Selectmen’s server.
Article 17 to be reworded.
Articles 18, 29 and 20 are out.
Article 21: insert sum of $60K
Article 22 is in.
Article 23 insert sum of $100K. Joe supplements his budget with this.
Article 24: the Planning Board is voting on that tonight.
Article 25: This is the Municipal Light Dept. They are asking for authorization to use our Treasurer to obtain a $1.8M bond. They have the funds set aside to pay for it. It would be no cost to the Town. He mirrored West Boylston’s article, as they will be together on this. Eric asked what the Town’s responsibility is. Lori said there is none. The Light Department has the money put aside. Eric asked how it is applied. Ken said they are using the Town’s bond rating. We are, in effect, “co-signing.” Lori said they did this in the past in an article for a truck. Steve Madaus said he would look at it.
Article 26 is in.
Article 27: This is a new one. The Board of Health collects money and when there is a shortage of vaccine, they have to buy it. The Board of Health is asking for a fund to be established.
Article 28: This is the same Article that was put through a few years ago. Dennis is looking for a figure. Again, it is not in his budget. Jim Wood said to keep it in.
Articles 29 and 30: The Board will go back and look at them.
Article 31: Give them the option on that.
Article 32: Sign by-law change: Lori said the Planning Board is working on that tonight.
Articles 33 and 34:
Article 35: Budget. Ken said we will see how the new budget comes out and assess the feedback from various groups.
Ken mentioned having a meeting to discuss the budget prior to the next Selectmen’s meeting on March 19. Lori said it depends on the feedback we get – she thinks the School Committee meeting is this Wednesday (March 7) and the Regional School Committee meeting is on the 15th. Jim Wood suggested meeting on March 12 and it was agreed that it would be penciled in for that date subject to seeing what information comes in prior to that time. If not, the next Selectmen’s meeting will be Monday, March 19, 2012.
Upon motion by Roger Deal, seconded by Jim Wood and voted all in favor, the meeting was adjourned at 8:08PM.
Respectfully Submitted,
Rose Bardsley, Clerk
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